Title
People vs. Pacheco
Case
G.R. No. L-4570
Decision Date
Jul 31, 1953
Maximo Pacheco, convicted of treason in 1951, was involved in aiding Japanese forces by arresting, torturing, and executing Filipino civilians and officials during WWII. The Supreme Court upheld his life sentence, affirming jurisdiction and witness credibility.
treason
jurisdiction
acts

Case Summary (G.R. No. L-4570)

Factual Background

Pacheco was tried for treason based on an amended information alleging, in substance, that as a Filipino citizen he willfully aided the Japanese on two instances, acting in concert with Japanese authorities and their agents. The first instance concerned the arrest, maltreatment, and shooting of Ceferino Rivera on January 2, 1945 in Polo, Bulacan. The second instance concerned the arrest and torture in Manila in February 1945 of Judge Eugenio Angeles, whom the accused had pointed out to the Japanese as a guerrilla major of Polo, Bulacan.

During the trial, the defense questioned the jurisdiction of the Bulacan court to entertain the second count because it referred to acts allegedly committed in Manila. At the opening of the trial, counsel for the defense raised this matter, and the trial judge overruled the contention, referencing his prior rulings in earlier cases where the same issue had been discussed. In the appellate decision, the Court observed that the record did not contain the trial judge’s specific reasons, though it suggested that the trial court’s approach likely reflected a theory advanced by the People on appeal. That theory treated the offense as one continuous offense composed of several acts committed in different provinces, prosecutable in any province where a material ingredient of the offense had been shown to have occurred.

Procedural History and Trial Court Disposition

After trial, Judge Manuel P. Barcelona rendered a decision on January 10, 1951 finding Pacheco guilty as charged. He was sentenced to be imprisoned for life, ordered to pay a fine of P10,000, and directed to indemnify the heirs of Ceferino Rivera in the amount of P6,000. Pacheco appealed in due time and filed a printed brief assigning four errors, which were treated as raising two principal issues: (1) jurisdiction of the Bulacan court to try the second count, and (2) credibility of the witnesses.

The Parties’ Contentions

On the issue of jurisdiction, Pacheco relied on Republic Act No. 311, arguing that when Congress dissolved the People’s Court, all pending cases were ordered to be transferred to and tried by the Courts of First Instance of the provinces or cities where the offenses were alleged to have been committed. He contended that because the second count referred to acts supposedly committed in Manila, the Bulacan court had no jurisdiction to try that count.

On the issue of credibility, Pacheco attacked the testimony of witnesses for the prosecution, particularly Dominga Camatos, alleging inconsistencies in her statements. The defense also denied participation and presented the theory that Pacheco was himself a guerrilla, attempting to undermine the inference of willful assistance to the Japanese.

Appellate Ruling on Jurisdiction and Venue

The Court held that the usual rules on jurisdiction and venue of Courts of First Instance should be upheld in the case. It explained that Congress abolished the People’s Court when the government no longer found it necessary to maintain a single People’s Court for the whole Philippines to try treason indictments. It noted that Congress directed that treason cases pending before the People’s Court would be tried by the respective Courts of First Instance. The Court found nothing indicating congressional intention to disturb the usual rules on jurisdiction or venue of Courts of First Instance that obtained before the creation of the People’s Court.

The Court then applied the nature of treason as a crime that may be committed through a single or multiple intentional overt acts. It emphasized that treason may be understood as involving executing “either a single or several intentional overt acts,” and it may therefore be treated as one continuous offense. Citing Guinto vs. Veluz, 77 Phil. 801, it reasoned that the offense can be prosecuted in any province wherein some essential ingredients occurred. The Court further relied on Section 9, Rule 106 and cited U. S. vs. Santiago, 27 Phil., 408, and U. S. vs. Cardell, 23 Phil., 207. It added that allowing Pacheco’s venue objection would effectively permit another prosecution against him in the Court of First Instance of Manila, which it considered inconsistent with the governing doctrine, referencing Guinto vs. Veluz.

Evidence for the First Count: Ceferino Rivera

The prosecution presented testimony from Isidro Rivera, Dominga Camatos, Antonio de Guzman, Federico San Juan, and Regino Galicia. The combined testimony described what occurred on January 2, 1945. In the morning of that date, four Filipino makapilis, including Pacheco and Teofilo Encarnacion, entered the house of Filomena de la Cruz in Pasong Balite, Polo, Bulacan, and arrested Ceferino Rivera, who was identified as the son-in-law of Filomena. The arrest was made in the presence of Ceferino’s relatives, including Isidro Rivera and Dominga Camatos. The arrest party was commanded by a Japanese officer. The Court described that Pacheco, armed with a rifle, tied Ceferino’s hands. After the arrest, the captive was marched to the Japanese garrison at Polo, Bulacan, with the relatives following. The relatives waited at the gate for two hours but returned the next day to find Ceferino and other captives marched to the Isia bridge in Polo. The prisoners were guarded by Filipinos, including Pacheco, and possibly Japanese soldiers. Near the foot of the bridge, the Filipino captives were shot dead.

The Court placed weight on identifying testimony. Antonio de Guzman, whose house was about thirty meters from the execution site, testified that it was Pacheco who shot Ceferino Rivera. This account was corroborated by other eyewitness testimony from Federico San Juan and Regino Galicia, who also claimed to have witnessed the massacre. The Court recognized that Pacheco denied participation, but it held that his mere denial could not overcome the positive assertions of the witnesses. It also stated that the appellant’s claim that he was a guerrilla had been rejected by the trial judge. The Court further reiterated doctrine that such a claim does not constitute a defense against the overt acts of treason, citing People vs. Jose Fernando, 79 Phil., 719, People vs. Carmelito Victoria, 78 Phil., 122, and People vs. Claro Castillo, 78 Phil., 874.

As to the attack on credibility, the Court addressed the alleged inconsistency in Dominga Camatos’s testimony. The defense argued that Dominga had stated in direct examination that Ceferino was arrested by four Filipinos, including Pacheco, but had allegedly answered on cross-examination that it was a Japanese who made the arrest. The Court carefully examined the quotations presented and found no basis to doubt her veracity. It noted that on the same page she declared that the person who tied Ceferino was a Filipino and specifically identified Maximo Pacheco. The Court treated the additional quotations submitted by the defense as either explainable or referring to insubstantial matters.

Evidence for the Second Count: Judge Eugenio Angeles

The second charge was supported by testimony of Judge Eugenio Angeles, his son Gregorio, and Dr. Ciriaco Santiago. The Court described that on February 2, 1945 at around 7:30 a.m., the three were walking toward Hermoso Drug Store near Divisoria Market in Manila. While crossing a bridge on Azcarraga Street, they met Ricardo Urrutia of Polo, a friend of Judge Angeles, who warned them that the Americans were already in Malolos. Immediately after they crossed the bridge, Judge Angeles was surrounded by five young armed men. One wearing a mask ordered him to proceed to a nearby air port studio that served as headquarters of the Kempei Tai. Pacheco was identified as one of the young men who surrounded Judge Angeles. Dr. Santiago and Gregorio Angeles were not molested at that moment.

At the Kempei Tai headquarters, Judge Angeles was taken to a room where he observed seven Filipinos, including Pacheco, headed by Santos, who reportedly resided in Polo. Santos asked Judge Angeles whether he was a guerrilla. When Judge Angeles replied in the negative, he was struck with a piece of lumber and subjected to repeated torture: he was boxed and kicked and subjected to the “water cure.” Judge Angeles maintained that he denied connection with the underground resistance. The Court further recounted that Pacheco was in the room and informed the investigators that Judge Angeles was the chief of the guerrillas of Polo, which led the tortures to continue.

The Court noted the circumstance that the Japanese began retreat from Manila on February 3, the garrison was vacated, and Judge Angeles escaped together with other prisoners. It addressed the defense contention that the torture details were described by Judge Angeles as the sole witness. The Court held that the apprehension and identification of Judge Angeles as a guerrilla were witnessed and narrated in open court by Dr. Santiago and Gregorio Angeles, thereby satisfying the two-witness requirement.

Credibility Assessment and Guilt Beyond Reasonable Doubt

After reviewing the evidence, the Court found no hesitation in determining that Pacheco was guilty of treason. It concluded that the first count was proved by eyewitness accounts identifying Pacheco’s active participation in the arrest and execution of Ceferino Rivera, and by testimony showing Pacheco’s overt acts. It also found the second count adequately proven by the testimonies describing Pacheco’s presence during the arrest, his role in identifying Judge Angeles to the Japanese authorities, and the continuation of torture after that identification. The Court treated Pacheco’s denial and his claim of guerrilla affiliation as insufficient to create reasonable doubt.

Legal Basis and Reasoning

In addition to the jur

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